2 teens allegedly behind attack can return to Oceanway Middle School

JACKSONVILLE, Fla. -- A judge who banned one teen from all Duval County Public Schools and two teens from Oceanway Middle School for their alleged involvement in an attack on a classmate reversed course somewhat in a Tuesday hearing.

The two teens banned from Oceanway Middle are now free to attend the school after their attorney argued that an injunction required two acts of violence and in this case, only one could be documented.

The 14-year-old charged with aggravated battery is still banned from all Duval County Public Schools in a ruling that is now being appealed.

Circuit Judge Henry Davis earlier this month banned the teens after a mother sought an injunction against the three teenagers to protect her daughter, who police say was injured in an attack in March near Oceanway Middle School.

Attorney Richard Brown, who represents the teen currently charged with aggravated battery in connection with the attack, in legal motions is asking Judge Davis to reconsider his decision.

Brown, in another motion, is asking the judge to remove himself from the case.

"Since this happened, I have not encountered any case in which a judge had such a broad, overly expansive remedy," said Brown from his downtown law office.

Judge Davis in an interview with First Coast News spoke about what he sees as a problem: violence in schools.

"Children should be safe at school. There is no excuse for what is taking place in our schools," said Judge Davis in an interview the day following his decision to ban the 14-year-old from all local public schools.

Attorney John Phillips, who represents the family of the alleged victim, said an appeal of Tuesday's decision by Judge Davis is being considered. Phillips said it is a sad commentary when the judicial system has to be involved in school safety issues, which is something he said Duval County Public Schools should be handling.